9th Circ. Urged To Reinstate Expert In Novartis Jaw Injury Suit

Law360, New York (February 4, 2014, 5:58 PM EST) -- Two former users of Novartis Pharmaceuticals Corp. bone drugs Aredia and Zometa urged the Ninth Circuit on Monday to allow expert testimony that the medications caused their jaw injuries and to revive their lawsuits against the drugmaker.

Lower courts were wrong to exclude the testimony of Dr. Richard Jackson, who concluded that plaintiffs Duane Luttrell and Linda Messick suffered from osteonecrosis of the jaw caused by their use of the bisphosphonates Aredia and Zometa, according to attorneys for the duo. The courts, in rulings in separate suits filed by the two plaintiffs, determined his testimony was unreliable under the Daubert evidentiary...

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